Jyoti Malkham Rodekar vs Education Officer (Secondary) Zp ...
2021 Latest Caselaw 15956 Bom

                                                          Judgment WP 2191.2021.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH AT NAGPUR


                  WRIT PETITION NO. 2191 OF 2021

    Jyoti Malkham Rodekar, Aged about 39
    years, Occ - Service, R/o Kanhartoli,
    Gondia, Dist. Gondia
                                                      .. Petitioner

                      Versus

 1. Education Officer (Secondary),
    Zilla Parishad, Gondia

 2. Swarupchandji Bahuuddeshiya Shikshan
    Sanstha, through its Secretary, Gondia, Th &     .. Respondents
    Distt. Gondia

 3. Rashtriya Madhyamic Vidyalaya, Satona,
    through its Headmaster Th & Distt - Gondia



Mr. N. R. Saboo, Advocate for petitioner.
Mr. K. L. Dharmadhikari A.G.P. for respondent No.1.

                           CORAM :           SUNIL B. SHUKRE AND
                                             ANIL L. PANSARE, JJ.

DATED : 17/11/2021

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard

finally by consent of the learned counsel for the parties present before

the Court.

PAGE 1 OF 3 Judgment WP 2191.2021.odt

(2) It is not in dispute that the issue of transfer of the

petitioner from partially aided school to fully aided school was subject

matter of the same process of transfer in respect of which there was

Writ Petition filed by one of the transferred employees, namely, Nisha

Dhoke [ Writ Petition No.8046 of 2019 ] which was decided finally by

this Court as per its Judgment dated 05/04/2021, whereby allowing

the petition and relief was granted to said Nisha Dhoke. The relief was

granted in terms of statement made in paragraph 9 of the reply filed

by the Education Officer in that petition. Copy of said reply has been

filed by the petitioner in this petition also. The statement made in

paragraph 9 by the Education Officer i.e. respondent No.1 which was

accepted by this Court for issuance of a suitable direction in Writ

Petition No.8046 of 2019, will also have to be accepted in this petition,

as the transfer of the petitioner was the subject matter of the same

transfer process.

(3) Therefore, we have no hesitation to allow the

petition by stating that this petition is squarely covered by the view

taken by this Court in Writ Petition No.8046 of 2019. Hence, the Writ

Petition is allowed and it is directed that the petitioner be granted

PAGE 2 OF 3 Judgment WP 2191.2021.odt

approval for transfer and absorption as fully aided biology teacher

within a period of two weeks from the date of the order.

              (4)                  Rule accordingly. No costs.



                        [ANIL L. PANSARE J.]                     [ SUNIL B. SHUKRE J.]


              KOLHE




Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:18.11.2021
10:34
                                                                                    PAGE 3 OF 3